- (1.) The petitioners impugn Annexure P-5 by which a condition adverse to their rights was incorporated while giving them ante-dated promotion. They also impugn Annexure P-9 by which a recovery is sought to be effected from them.
(2.) Both the petitioners were appointed in the year 1997 as Apprentics Signallers on regular basis but in the year 1998 their order was withdrawn leading to the filing of a writ petition which was allowed with a direction to the respondents to reconsider the order of withdrawal of the benefit of regularization. The petitioners were then taken back on regular basis once again but in 2001 another order was passed withdrawing the same benefit once again which led to the filing of another CWP no. 17799 of 2001 which was admitted and the operation of the order impugned therein was stayed. The petitioners then continued to work on regular basis and drew their annual grade increments as well. Subsequently, the respondents urged the petitioners to withdraw their writ petitions if they wanted promotion and other benefits to which the petitioners agreed and withdrew their writ petitions from this Court leading to the passing of order Annexure P-5 where the petitioners were asked to furnish affidavit that they will not oppose the recovery of monetary benefits if initiated by the respondents. The said condition as contained in Annexure P-5 is extracted herebelow:- 1. XXX XXX XXX. 2. XXX XXX XXX. 3. Before passing the order of promotion, affidavit of the Apprentice Signaller be obtained, a copy of which be sent to this office, stating that he will not claim any arrears of pay for the period from the deemed date of promotion to the date of issue of promotion order."
(3.) Subsequent thereto Annexure P-9 has been issued seeking to initiate recovery from the petitioners.;